Moving to Canada, Would like to Bring American fiance

[chicamin10]

Hi all,

I have recently received an offer for employment in Canada and will be moving there from the U.S. in a few months. My employer just got me started on the visa paperwork. I am currently engaged to be married in a little over a year, and my fiance would like to move to Canada with me. Her own US employer has agreed to let her work remotely from Canada. She will occasionally need to travel back to the US for work related reasons (every couple months). I am wondering if we should anticipate her having any trouble crossing the border, given that she won't be on a visa? She will be living primarily in Canada, and most likely traveling back to the US every 2-3 months. I would appreciate it if anyone could tell me:

1) should we expect that she will have trouble getting back and forth?

2) Is there anything we can do to make the process easier? Should I alter my own visa application in anyway? Should she apply for a visa of some sort?

Thanks very much.

 

[scylla]

Are you common law? Have you lived together for a minimum of one full year?

 

[chicamin10]

We have, in the past, lived together for one full year. However, this past year we have been living in different US cities due to my job.

 

[scylla]

That may make it a bit tricky. If you were married or common law, they she would be allowed to accompany you to Canada as your partner. And assuming your role is skilled, she would qualify for an open work permit (which would allow her to live in Canada and ensure she has no issues re-entering the country even if she has no plans to use it to work).

To be considered common law, you have to prove that you have lived together for at least a year. I don't know what will happen in your case since you haven't lived together recently. You may no longer be common law in CIC's eyes. I honestly don't know what they will do or say.

If you are not common law and she is simply your fiancee, then all she is allowed to do is visit Canada temporarily. She cannot live here or move here - and will not qualify for any of the benefits that come with residency. If she tries to live here as a tourist she may sooner or later run into issues re-entering the country since this behaviour will be seen as an abuse of her visitor priviledges. She would also have to be very careful moving her stuff into Canada (e.g. if she shows up in a u-haul full of her stuff, she's probably going to be turned away and denied entry).

Your safest bet is to get married now (you could do a simple court marriage). Otherwise there's no guarantee you'll be able to go through with your plans as written.

 

[chicamin10]

Thanks! That is really helpful information. I'm hoping to move all her stuff with my own to try and avoid part of the problem, but it seems ambiguous as to whether we need to have lived together for 12 months in general or the last 12 months specifically.

I'm wondering how long it takes to process my visa typically? I am supposed to start July 1, and I don't want to jeopardize my own start date by putting it off until we can get married (maybe within the next few weeks?).